Vibhuti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36978 of 2024 Arising Out of PS. Case No.-399 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== 1.

Vibhuti Kumar S/O Prabhakar Singh R/O Village Bihwarpur, P.S. - Bidupur, Dist- Vaishali 2.

Vikash Kumar S/O Prabhakar Singh R/O Village Bihwarpur, P.S. - Bidupur, Dist- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alka Singh For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Bidupur P.S. Case No. 399 of 2022 registered under sections 341, 323, 302, 504 and 34 of the Indian Penal Code.

As per FIR, the informant alleged that accused persons including this petitioner assaulted the husband and son of the informant by fists and slaps due to which they sustained injuries and became unconscious thereafter, husband of the informant was taken to hospital where doctor declared him dead. Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. There is no specific

Patna High Court CR. MISC. No.36978 of 2024(2) dt.17-05-2024 2/2 overt act of assaulting against the petitioners rather general and omnibus allegation has been levelled against them. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 11.10.2023 in Cr. Misc. No. 25769 of 2023. Moreover, they are languishing in judicial custody since 28.11.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Bidupur P.S. Case No. 399 of 2022 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Shubham/- U T